Apostille and Full Legalization Process for Federally-Issued Document: Authenticating Federally-Issued Documents for use Across National Borders

An apostille is a way to authenticate documents for use outside the country where they were created. This article deals primarily with obtaining an apostille for documents issued by federal agencies for use elsewhere.

Topics on this page:

• Document Authentication
• General Information on Legalization
• Determine if You Need an Apostille or Full Legalization
  • Private Documents
  • State and County Documents
  • Federal Documents

  Document Authentication

  Foreign countries may require documents to be authenticated in order to be accepted in the foreign jurisdiction. Authenticating a document verifies the document’s source so foreign countries can be sure the document is not fake. The traditional method for authenticating documents to be used overseas is called legalization.

  This article discusses the apostille procedure and the full legalization procedure for documents issued by U.S. federal agencies. For information about legalizing Maryland documents, see the People's Law Library article on the topic.

  General Information on Legalization

  A legalization is made up of a chain of official authentications of the document and can be slow and costly. Because of this, numerous countries agreed to simplify the process, which created the 1961 Hague Convention abolishing the Requirement of Legalization for Foreign Public Documents. The convention reduces the process to a single authentication: an authentication certificate (an apostille) issued by an authority designated by the country where the document was issued.

  Determine if You Need an Apostille or Full Legalization

  Do you need documents legalized?

  The most typical circumstances for seeking an apostille or a full legalization include:

  • Studying, teaching or working abroad;
  • Dual citizenship procedures;
  • Marriages in another country; and
  • Foreign burial of the deceased.

  However, some countries may not require certain documents to be legalized. If you are unsure, you should check with the intended recipient of your document on their legalization requirements.

  What country do you plan to use the documents in?

  If you do need documents legalized, whether you need a full legalization or an apostille depends on which country issued the document and which country you want to use the document in. Apostilles can only be issued for documents that (a) were issued in a country that signed the Hague Convention and (b) are to be used in a different country which also signed the convention.

  You can check Hague Conference website to determine if the country you will use the document in accepts apostilles.

  Countries that are not signatories to the Hague Convention may require the full legalization.

  What type of document are you getting legalized?

  There are three primary types of documents that require authentications: private documents (individual or corporate); state/county-issued documents; and federally-issued documents.

  Learn more about authentication requirements on the US State Department website.

  The type of document determines which authority is designated to authenticate or apostille the document.

  Private Documents:

  Private documents can be personal (example: Power of Attorney) or corporate (example: Articles of Incorporation) and may be issued an authentication or apostille by a designated authority, general the state Secretary of State’s office.

  Examples of commonly authenticated private documents include:

  • Affidavits
  • Agreements
  • Articles of Incorporation
  • Bylaws
  • Commercial Invoices
  • Copy of a U.S. Passport (identification page only)
  • Deeds of Assignment
  • Diplomas
  • Home Study
  • Income Verification
  • Powers-of-Attorney
  • Single Status
  • Transcripts
  • Other business documents

  State/County-Issued Documents:

  State/county-issued documents may be issued an authentication or apostille by a designated authority, generally the state Secretary of State’s office.

  Examples of commonly apostilled and authenticated state/county-issued documents include:

  • Birth Certificates
  • Death Certificates
  • Divorce Decrees
  • Judgments in state court cases
  • Marriage Certificates
  • Probate Wills

  Federally-Issued Documents:

  Federally-issued documents are documents signed by:

  • American Consular Officer
  • Foreign Consul Diplomatic Official registered with the State Department Office of Protocol
  • Judge Advocate
  • Military Notary
  • U.S. Federal Officer

  Documents issued by U.S. federal agencies are issued an authentication or apostille by the U.S. Department of State Authentication Office. Requirements, costs and address are below.

  Examples of commonly authenticated federally-issued documents include:

  • U.S. Department of Agriculture
    • Animal/Plant Certification
    • Animal Health certifications
    • FBI – Back ground check
    • U.S. Federal Court Documents
    • U.S. Bankruptcy Court Documents
    • Immigration Certifications
    • Certificate of Foreign Governments
    • Certificate of Pharmaceutical/Export
    • Trademark

    Determine what particular apostille or authentication process you must follow.

    • If a private or state/county-issued document, determine which state and department the document was issued in, as applicable. Read about Maryland’s apostille and full legalization process here. Each state determines their own apostille and legalization procedures, you should check with the appropriate authorities in that state. Most state’s Secretary of State websites list their state-specific requirements for an apostille.
    • If a federally-issued document, determine which federal department issued the document. There is one standard way to authenticate or apostille federally-issued documents. This process is described in this article.

    Apostille and Full Legalization Processes for Federally-Issued Documents

    1. Obtain a certified original document or a certified copy from the issuing U.S. federal agency. To be certified, the document must have the seal and authorized signature of the issuing department.
    2. The document then must be mailed or personally delivered to the U.S. Department of State Authentications Office in Washington, D.C. for an authentication or an apostille. For cost, requirements and address, please see below.
       • If the document requires an apostille, this is the last step. For federally-issued documents, the U.S. Department of State Authentication Office issues an apostille and the document is now ready to be used in foreign jurisdictions.
    3. For a full legalization, the document then must be mailed or personally delivered to the foreign country’s consulate office nearest the customer for an authentication. Costs, requirements and addresses depend on the consulate.

    There may be particular requirements for certain federal documents so it would be best to double check with the issuing-agency. For example:

    • Consular Reports of Birth, Death and Marriage of U.S. Citizens abroad are issued an authentication or apostille by the U.S. Department of State, Bureau of Consular Affairs, Passport Services, Vital Records Section. You can find more information on the US State Department website.
    • Documents issued by a U.S. federal court may be issued an authentication or apostille by the Clerks and Deputy Clerks of that federal court.

    Requirements, Costs and Addresses

    Visit he U.S. Department of State Authentication Office for address and contact information.

    An authentication of a document is $8 (whether for an apostille or a full legalization) and may be completed in three different ways: by mail, in person by the Walk-In Counter or in person by prescheduled Appointment.

    Information on requesting authentication services can be found on the U.S. Department of State’s website.

    By Mail:

    If the certification is completed by mail, you must include the following in your submission:

    1. Check or money order for total cost of the apostilled or authenticated document(s): $8/document
       • The check may be a personal or business check; checks and money orders must be made out to the “U.S. Department of State”
    2. Completed Request of Authentications Service (DS-4194) form
       • Be sure to specify the document’s country of use in Section 4; the document will not be processed without this information.
       • Form DS-4194
    3. The documents to be apostilled or authenticated
    4. Self-addressed, pre-paid envelope for the return of the completed document(s)
       • Fed Ex (do not use FedEx Ground or FedEx Home), UPS, and Certified Mail are all accepted methods for sending and returning documents.

    In person by Walk-In Counter Authentication Services (no appointment):

    Unlike the Maryland Secretary of State, U.S. Department of State does not process your documents while you wait. If you use the Walk-In Counter, you will leave the documents to be processed and pick them up at a later date. Note that there are very limited hours for drop-off and pick-up (Monday through Friday, 8:00 a.m. – 9:00 a.m.).

    When you drop your documents off, you will receive a document receipt and a pick-up date. To claim your documents, you must return between 8:00 a.m. and 9:00 a.m. on that pick-up date. Documents accepted during the drop-off time will be processed and available for pick-up in about three business days.

    You must include the following in your drop-off submission:

    1. Completed Request of Authentications Service (DS-4194) form
       • Be sure to specify the document’s country of use in Section 4; the document will not be processed without this information.
       • Form DS-4194
    2. The documents to be apostilled or authenticated
       • Customers are limited to fifteen (15) documents per submission and one submission for drop-off services per day.

    When you pick up the completed documents, you must have:

    1. Check, money order, cash or credit card for exact total cost of the apostilled or authenticated document(s): $8/document
       • The check may be a personal or business check; checks and money orders must be made out to the “U.S. Department of State”.
       • Cash is accepted when picking up completed documents and the exact amount is required.
       • Credit card payments are accepted when picking up completed documents. Visa, MasterCard, Discover and American Express are accepted. A photo ID must be presented when using a credit card.
    2. Original document receipt/pick-up slip received at drop-off

    In person by prescheduled Appointment:

    If you are submitting your own personal documents and have an urgent/emergency reason for expediting your document request, you can schedule an appointment with the Authentication Office in advance by phone at 202-485-8000. Walk-in appointments are not accepted. There is a limit of one appointment per day and you must appear in person at the Office of Authentications at the specified time of your scheduled appointment.

    Individuals submitting documents for someone else are eligible to schedule an appointment in life-or-death emergency cases (such as serious illness, injury or death of individual or family member) or for other serious urgent/emergency reasons for expediting the document request.

    Appointments are held between 10:00 a.m.-1:00 p.m. and 2:00 p.m.-2:30 p.m., Monday through Friday at the U.S. Department of State’s physical location.

    At your appointment, you should submit the following:

    1. Check, money order, cash or credit card for exact total cost of the apostilled or authenticated document(s): $8/document
       • The check may be a personal or business check; checks and money orders must be made out to the “U.S. Department of State”.
       • Cash is accepted when picking up completed documents in person and the exact amount is required.
       • Credit card payments are accepted when picking up completed documents. Visa, MasterCard, Discover and American Express are accepted. A photo ID must be presented when using a credit card.
    2. Completed Request of Authentications Service (DS-4194) form
       • Be sure to specify the document’s country of use in Section 4; the document will not be processed without this information.
       • Form DS-4194
    3. The documents to be apostilled or authenticated

    Model Apostille

    The apostille Convention has issued a Model apostille Certificate, but not all apostilles look exactly like the Model Certificate.

    An apostille can be placed on the document itself or on a separate page. The separate page is called an allonge. Apostilles may be affixed with adhesives, rubber stamps, and seals.

    Additional Resources

    • The apostille Section of the Hague Convention website lists Competent Authorities and costs (if known) for any country that is party to the Convention; the website also provides a host of additional useful resources related to apostilles.
    • Adams, James W. The Apostille in the 21 st Century: International Document Certification and Verification. 34 Houston Journal of International Law. 519 (2012).
    • Apostille Prescribed by the Hague Convention. 6C Nichols Cyclopedia of Legal Forms §139:13.

    Robert S. McLaughlin, Ryan Steidl, and Jonathan W. Tippens, Practicing pursuant to Rule 16 of the Rules Governing Admission to the Bar of Maryland – University of Maryland Francis King Carey School of Law (Summer 2014); Expanded and edited by Miranda D. Russell (December 2016).

    Last Updated: Tue, 01/18/2022 - 12:44 am

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    This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland Thurgood Marshall State Law Library, 2024.”

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